United States Eighth Circuit

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LeFaivre v. KV Pharm. Co., 10-1326

In an action alleging that a pharmaceutical company breached its implied warranty of merchantability and violated the Missouri Merchantability Practices Act (MMPA) by failing to manufacture a medication in compliance with federal regulations, the dismissal of the action is reversed where federal law did not preempt plaintiff's MMPA claims.

Appellate Information

  • Decided 01/19/2011
  • Published 01/19/2011

Judges

  • Lavenski B. Smith

Court

  • United States Eighth Circuit

Counsel